61258 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 

this document will be subsequently 

published in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of the airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends an airway description in 

California to keep it current to ensure 

the safety of aircraft operations within 

the National Airspace System. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Polices and Procedures, paragraph 311a. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6010 VOR Federal Airways 

V–299 [Amended] 

From Los Angeles, CA, INT Los Angeles 

291° and Fillmore, CA, 163° radials; Ventura, 

CA; Fillmore; to Gorman, CA. The airspace 

within R–2519 more than 3 statute miles W 

of Ventura 155° and 331° radials, and the 

airspace within R–2519 below 5,000 feet 

MSL is excluded. The portion outside the 

United States has no upper limit. 

Issued in Washington, DC, on September 

27, 2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–25415 Filed 10–3–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0756; Airspace 

Docket No. 11–AAL–09] 

Revision of Class E Airspace; 

Allakaket, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Allakaket, AK, to 

accommodate the amendment of one 

Standard Instrument Approach 

Procedure at the Allakaket Airport. The 

FAA is taking this action to enhance 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

Allakaket Airport. 

DATES: Effective 0901 UTC, December 

15, 2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Martha Dunn, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513– 

7587; telephone number (907) 271– 

5898; fax: (907) 271–2850; e-mail: 

Martha.ctr.Dunn@faa.gov. Internet 

address: http://www.faa.gov/about/ 

office_org/headquarters_offices/ato/ 

service_units/systemops/fs/alaskan/ 

rulemaking/. 

SUPPLEMENTARY INFORMATION: 

History 

On Friday, July 29, 2011, the FAA 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register to revise Class E airspace at 

Allakaket, AK (76 FR 45477). 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

A comment was received that reference 

to Class E2 airspace should be removed 

as it is not applicable to Allakaket. The 

FAA agrees and has removed those 

references. 

Class E airspace areas are published 

in paragraph 6005 of FAA Order 

7400.9V, Airspace Designations and 

Reporting Points, signed September 9, 

2011, and effective September 15, 2011, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. With the exception of editorial 

changes, and the changes described 

above, this rule is the same as that 

proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising Class E airspace at the 

Allakaket Airport, Allakaket, AK, to 

accommodate the amendment of a 

standard instrument approach 

procedure. The additional Class E 

airspace provides adequate controlled 

airspace extending upward from 700 

and 1,200 feet above the surface is 

necessary for the safety and 

management of IFR operations at the 

airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 61259 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Because this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart 1, section 40103, 

Sovereignty and use of airspace. Under 

that section, the FAA is charged with 

prescribing regulations to ensure the 

safe and efficient use of the navigable 

airspace. This regulation is within the 

scope of that authority because it creates 

Class E airspace sufficient in size to 

contain aircraft executing instrument 

procedures for the Allakaket Airport, 

AK and represents the FAA’s continuing 

effort to safely and efficiently use the 

navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, 

Airspace Designations and Reporting 

Points, signed September 9, 2011, and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Allakaket, AK [Revised] 

Allakaket Airport, AK 

(Lat. 66°33′07′′ N., long. 152°37′20′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 8.6-mile 

radius of the Allakaket Airport, AK and that 

airspace extending upward from 1,200 feet 

above the surface within a 71-mile radius of 

the Allakaket Airport, AK. 

Issued in Anchorage, AK, on September 21, 

2011. 

Marshall G. Severson, 

Acting Manager, Alaska Flight Services. 

[FR Doc. 2011–25160 Filed 10–3–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0805] 

RIN 1625–AA00 

Safety Zone; Monte Foundation 

Fireworks Extravaganza, Aptos, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the specified navigable waters near 

Seacliff State Beach Pier in Aptos, 

California in support of the Monte 

Foundation Fireworks Extravaganza. 

This safety zone is established to ensure 

the safety of participants and spectators 

from the dangers associated with the 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port or their 

designated representative. 

DATES: This rule is effective from 9 p.m. 

through 10 p.m. on October 7, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0805 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2011–0805 in the Docket ID box, 

pressing Enter, and then clicking the 

item in the Docket ID column. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign William 

Hawn, U.S. Coast Guard Sector San 

Francisco; telephone (415) 399–7442 or 

e-mail at D11-PFMarineEvents@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event would occur before the 

rulemaking process would be 

completed. Because of the dangers 

posed by the pyrotechnics used in this 

fireworks display, the safety zone is 

necessary to provide for the safety of 

event participants, spectators, spectator 

craft, and other vessels transiting the 

event area. For the safety concerns 

noted, it is impracticable to publish an 

NPRM prior to the event. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the safety zone is necessary to 

protect life, property and the 

environment; therefore, a 30-day notice 

is impracticable. Delaying the effective 

date would be contrary to the safety 

zone’s intended objectives of protecting 

persons and vessels involved in the 

event, and enhancing public and 

maritime safety. 

Basis and Purpose 

Rudolph F. Monte Foundation will 

sponsor the Monte Foundation 

Fireworks Extravaganza on October 7, 

2011, in the navigable waters around 

Seacliff State Beach Pier near Aptos, 

CA. During the fireworks display the 

safety zone will extend to 1,000 feet 

around the pier located at position 

36°58′11.2′′ N, 121°54′36.79′′ W (NAD 

83). The fireworks display is meant for 

entertainment purposes. This safety 

zone is issued to establish a temporary 


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